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Child Molestation Defense

Marietta Child Molestation Defense Attorney

A SEXUAL ACT WITH A CHILD IS ONE OF THE WORST CRIMES SOMEONE CAN BE ACCUSED OF.

Even the accusation alone can lead to serious consequences in your personal and professional life, as well as bias on the part of your judge or jury. Read on to learn more about child molestation laws in Georgia and how hiring an attorney with experience defending these types of cases will help you if you’ve been accused.

WHAT IS CHILD MOLESTATION?

According to Georgia law, child molestation occurs when someone attempts to sexually satisfy themselves or a child under the age of 16 by committing an “indecent or immoral act”:

  • to the child
  • with the child
  • Or in the presence of the child.

This includes transmitting images or videos of sexual acts in the attempt to sexually satisfy the child or offender, as well.

It’s important to note that child molestation charges do not allege that the perpetrator actually engaged in sexual intercourse with the child. On the contrary, any sexual act even in the presence of the child is grounds for child molestation charges.

WHAT IS AGGRAVATED CHILD MOLESTATION?

Aggravated child molestation differs from regular child molestation in that the act leads to physical injury of the child or an act of sodomy (oral or anal intercourse).

GEORGIA CHILD MOLESTATION PENALTIES

Child molestation is a felony offense. Anyone convicted of child molestation receives a sentence of prison time between 5 and 20 years for a first offense. For a second conviction, the mandatory minimum of prison time served is 10 to 30 years. While in prison, the offender will be required to engage in counseling.

AGGRAVATED CHILD MOLESTATION GEORGIA SENTENCE

When the offender engages in aggravated child molestation, he or she will face a conviction that carries a minimum sentence of 25 years in prison, but may in fact face life in prison.

Both child molestation and aggravated child molestation convictions require the convicted offender to register on the sex offender registry. Additionally, convicted child molesters can lose their professional licenses and custody of their children.

WHAT SHOULD I DO IF I’VE BEEN ACCUSED OF CHILD MOLESTATION?

Being accused of child molestation is incredibly difficult. An accusation can also cause family and friends to turn against you. You may face obstacles at work or even lose your job before any evidence is presented. That’s why it’s so important to hire an attorney the second you even hear mention of an accusation against you.

1. Collect evidence

Do your best to collect any evidence you can think of, including any of the following:

  • Physical evidence related to your relationship with the child
  • Documents and records of your correspondence with the child (emails, texts, phone records, etc.)
  • Make a list of potential witnesses to your relationship with the child and their contact info

Give these materials to your lawyer as soon as you collect them.

2. The investigation

Your attorney should investigate the evidence you’ve collected, look into medical evidence of the case, and conduct interviews with the victim and witnesses to understand the full story. Sometimes, there was a mere misunderstanding between the victim and the accused, and sometimes the child has been talked into making a false accusation by a third party.

Other situations that can sometimes lead to false accusations:

  • Custody dispute
  • Contentious divorce
  • Teacher/ student relationship
  • Stepchild syndrome

3. DO NOT talk to law enforcement without your attorney

Even if you are trying to defend yourself or deny the charges, your words can and will be used against you. That’s why it’s so important to consult with an attorney before speaking to law enforcement, and demand that your attorney attend any of these conversations.

You should also refrain from contacting the victim or the victim’s family.

4. Hire a Marietta Child Molestation Defense Attorney

You need to be sure to hire an attorney who has worked these types of cases before and will not judge you because of the accusation. Remember that once you hire your attorney you will have attorney-client privileges, which means they will keep what you tell them confidential.

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Defense Strategies and Legal Nuances in Pederasty Cases

In pederasty cases, a robust defense strategy is essential for ensuring a fair trial and protecting the accused’s rights. Here are some specific defense strategies and legal nuances:

  • Questioning the Credibility of Witnesses: Assess the reliability of witnesses and any potential biases or inconsistencies in their testimonies.
  • Challenging Physical Evidence: Scrutinize the collection, handling, and testing of any physical evidence to uncover errors or contamination.
  • Psychological Evaluations: Use expert testimony to question the mental state and possible ulterior motives of the accuser.
    Statute of Limitations: Ensure that the case falls within the legal timeframe for prosecution.
  • Alibi Evidence: Present evidence that proves the accused was elsewhere at the time of the alleged incident.

These strategies can significantly impact the outcome of pederasty cases, emphasizing the importance of a knowledgeable defense attorney.

Defense Strategies and Legal Nuances in Pederasty Cases

Our Priority:

DISCOVERING YOUR STORY

The Frye Law Group Is Here To Help

Have you been accused of child molestation? The Frye Law Group can help you. Every lawyer at our office understands that clients often need more than a verdict of not guilty. When appropriate, we will try to negotiate with the District Attorney’s office to reach a fair conclusion to your case with as little publicity as possible. Give us a call today to get started on your defense.

Call our Marietta office at 770-919-9525 or use the online contact form

Tell Us About Your Case

MOST SITUATIONS AREN’T BLACK AND WHITE. WE’LL LISTEN TO YOUR STORY AND HELP YOU FIND THE BEST POSSIBLE OUTCOME FOR YOUR CASE.
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What Our Clients Are Saying About Us

Tom Pastore
Tom Pastore
2024-07-01
Anything less than the best is a felony! Frye law firm is a cut above the best. If I could give Kim Frye A million stars it still won't be enough her Beauty intelligence And superior ability to take control of the situation Is absolute! Thank you Kim frye .I could never thank you enough Her . team is truly the best All I could say is if you want the very best representation frye law firm is what you want! Thank you
Aishatu Garba
Aishatu Garba
2024-06-30
I never in a million years saw myself needing a lawyer until I actually needed one. I did some research and reached out to Frye Law Group out of desperation. I was completely surprised at how quickly I was able to get in touch with someone for my consultation and set up a virtual appointment to speak with Kim. She was very nice, but very direct and honest. There was nothing sugarcoated which is what people really need to hear. She laid out my options and we went from there. Throughout the entirety of my case, communication was always there. I knew about court dates in advance, if I had questions, there is a dedicated line just for clients, and overall if you needed a firm to literally walk you through all the legal language, they made it easy to understand. I never had to set foot in the courtroom or come into the physical location of the firm which was super convenient. Everything was done through the client portal. Additionally, I really appreciate them for working with me financially. They say you get what you pay for and you really get the best service working with Kim and her team. Hands down! If you really are in a jam, it never hurts to reach out. With true honesty, faith, and a little patience you'll be glad you took the first step. I highly recommend Kim and her team over at Frye Law Group! If I ever needed legal assistance like I did, I would not hesitate to reach again. A++++
Dianne Harris
Dianne Harris
2024-06-16
I have never needed a lawyer and wasn’t sure where to start. A friend referred us to Frye Law Group and so glad she did. As you walk into Kim Frye’s law firm, you see many accolades she has been awarded. During our initial meeting, Kim and Michael put us at ease listening to our situation, giving us recommendations and explaining the processes. Their communication was impeccable and so appreciated. We are very happy with the results (thanks Michael!) and highly recommend Frye Law Firm. We would definitely use again, but hoping the need doesn’t arise. :)
Robert M
Robert M
2024-06-02
Kim is fierce against the prosecution, yet caring and encouraging toward those she defends. Kim and her team are committed to their promise of "Relentless Defense". She is the one you want standing up in your behalf.. hands down.
Warren “Venom Assassin” Smith
Warren “Venom Assassin” Smith
2024-05-28
They do what they need to do to help you out with you case
Glenn Turner
Glenn Turner
2024-05-21
I want thank the Frye Law Group for their relettless effort to getting Micheal Partin released from jail on several charges i believe they are the best law group in Georgia special thanks to Kim Frye and Kyle their new lawyer for their dedication to our case with relettless efforts for both of you, i will recommend Frye Law 100% always Thanks Glenn Turner
Tag Sawick
Tag Sawick
2024-05-02
Frye Law Group is incredible. Someone is there to answer any questions you have and clearly communicate options. They give constant updates and help every step along the way.
LoryAnn Carrasco
LoryAnn Carrasco
2024-05-02
I love this Law Group, you can trust their work and words. They will do everything in their power to help you win your case, better yet even dismiss it if can. They also work on my husband’s case and even tho they set a date they got it settled way before the date they give, that’s how fast they work. Truly a fast honest working group. I thank them for their awesome work. Definitely recommend.